Early Childhood Education and Care (Strengthening Regulation of Early Education) Act 2025 (31 of 2025)

Schedule 1   Amendments

Part 2   Powers of entry measures

Division 1   Amendments

A New Tax System (Family Assistance) (Administration) Act 1999

12   After section 219UC

Insert:

219UCA Modification of Part 2 of the Regulatory Powers Act (entry without consent)

(1) Subsections (3) to (5) apply if:

(a) an authorised person enters premises during:

(i) if a child care service is operated at the premises - the operating hours for the service; or

(ii) if a child care service is not operated at the premises - ordinary business hours; and

(b) the authorised person's entry is not made under a monitoring warrant issued under section 32 of the Regulatory Powers Act, as that section applies in relation to this Act; and

(c) the occupier of the premises has not consented to the authorised person's entry; and

(d) the Secretary has authorised the authorised person's entry for the purposes of this paragraph; and

(e) before entering the premises, the authorised person:

(i) announces that they are authorised to enter the premises; and

(ii) shows their identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and

(iii) gives any person at the premises an opportunity to allow entry to the premises.

(2) For the purposes of paragraph (1)(d), the Secretary may, in writing, authorise an authorised person to enter premises in accordance with this section if:

(a) the Secretary is satisfied that entry is necessary for the purposes of exercising monitoring powers (within the meaning of the Regulatory Powers Act) or powers under section 24 of that Act in relation to:

(i) a provision that is subject to monitoring under Part 2 of that Act; or

(ii) information that is subject to monitoring under Part 2 of that Act; and

(b) if an in home care service is operated at the premises - the Secretary is satisfied that the consent of the occupier to the entry cannot reasonably be obtained.

No requirement to obtain consent

(3) Despite paragraph 18(2)(a) and sections 24 and 25 of the Regulatory Powers Act, the authorised person is not required to obtain the consent of the occupier of the premises to the authorised person's entry.

(4) However, if consent is not obtained, the authorised person must not exercise powers under section 22 of the Regulatory Powers Act in relation to a related provision.

Note: For related provisions, see subsection 219UA(3).

Responsibility to provide facilities and assistance

(5) The occupier of premises to which this section relates, or another person who apparently represents the occupier, must provide:

(a) an authorised person entering the premises in accordance with this section; and

(b) any person assisting the authorised person;

with all reasonable facilities and assistance for the effective exercise of their powers under Part 2 of the Regulatory Powers Act.

Fault-based offence

(6) A person commits an offence if:

(a) the person is subject to subsection (5); and

(b) the person fails to comply with that subsection.

Penalty: 60 penalty units.

Civil penalty

(7) A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty: 30 penalty units.

Meaning of operating hours

(8) For the purposes of this section, operating hours has the meaning prescribed by the Minister's rules.